2009 California Business and Professions Code - Section 4982-4982.3 :: Article 2. Denial, Suspension, And Revocation

4982.  The board may deny a license or registration or may suspend
or revoke the license or registration of a licensee or registrant if
he or she has been guilty of unprofessional conduct. Unprofessional
conduct includes, but is not limited to, the following:
   (a) The conviction of a crime substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The board may
inquire into the circumstances surrounding the commission of the
crime in order to fix the degree of discipline or to determine if the
conviction is substantially related to the qualifications,
functions, or duties of a licensee or registrant under this chapter.
A plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge substantially related to the
qualifications, functions, or duties of a licensee or registrant
under this chapter shall be deemed to be a conviction within the
meaning of this section. The board may order any license or
registration suspended or revoked, or may decline to issue a license
or registration when the time for appeal has elapsed, or the judgment
of conviction has been affirmed on appeal, or, when an order
granting probation is made suspending the imposition of sentence,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code allowing the person to withdraw a plea of guilty and enter a
plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, information, or indictment.
   (b) Securing a license or registration by fraud, deceit, or
misrepresentation on any application for licensure or registration
submitted to the board, whether engaged in by an applicant for a
license or registration, or by a licensee in support of any
application for licensure or registration.
   (c) Administering to himself or herself any controlled substance
or using of any of the dangerous drugs specified in Section 4022, or
of any alcoholic beverage to the extent, or in a manner, as to be
dangerous or injurious to the person applying for a registration or
license or holding a registration or license under this chapter, or
to any other person, or to the public, or, to the extent that the use
impairs the ability of the person applying for or holding a
registration or license to conduct with safety to the public the
practice authorized by the registration or license. The board shall
deny an application for a registration or license or revoke the
license or registration of any person, other than one who is licensed
as a physician and surgeon, who uses or offers to use drugs in the
course of performing marriage and family therapy services.
   (d) Gross negligence or incompetence in the performance of
marriage and family therapy.
   (e) Violating, attempting to violate, or conspiring to violate any
of the provisions of this chapter or any regulation adopted by the
board.
   (f) Misrepresentation as to the type or status of a license or
registration held by the person, or otherwise misrepresenting or
permitting misrepresentation of his or her education, professional
qualifications, or professional affiliations to any person or entity.
   (g) Impersonation of another by any licensee, registrant, or
applicant for a license or registration, or, in the case of a
licensee, allowing any other person to use his or her license or
registration.
   (h) Aiding or abetting, or employing, directly or indirectly, any
unlicensed or unregistered person to engage in conduct for which a
license or registration is required under this chapter.
   (i) Intentionally or recklessly causing physical or emotional harm
to any client.
   (j) The commission of any dishonest, corrupt, or fraudulent act
substantially related to the qualifications, functions, or duties of
a licensee or registrant.
   (k) Engaging in sexual relations with a client, or a former client
within two years following termination of therapy, soliciting sexual
relations with a client, or committing an act of sexual abuse, or
sexual misconduct with a client, or committing an act punishable as a
sexually related crime, if that act or solicitation is substantially
related to the qualifications, functions, or duties of a marriage
and family therapist.
   (l) Performing, or holding oneself out as being able to perform,
or offering to perform, or permitting any trainee or registered
intern under supervision to perform, any professional services beyond
the scope of the license authorized by this chapter.
   (m) Failure to maintain confidentiality, except as otherwise
required or permitted by law, of all information that has been
received from a client in confidence during the course of treatment
and all information about the client that is obtained from tests or
other means.
   (n) Prior to the commencement of treatment, failing to disclose to
the client or prospective client the fee to be charged for the
professional services, or the basis upon which that fee will be
computed.
   (o) Paying, accepting, or soliciting any consideration,
compensation, or remuneration, whether monetary or otherwise, for the
referral of professional clients. All consideration, compensation,
or remuneration shall be in relation to professional counseling
services actually provided by the licensee. Nothing in this
subdivision shall prevent collaboration among two or more licensees
in a case or cases. However, no fee shall be charged for that
collaboration, except when disclosure of the fee has been made in
compliance with subdivision (n).
   (p) Advertising in a manner that is false, fraudulent, misleading,
or deceptive, as defined in Section 651.
   (q) Reproduction or description in public, or in any publication
subject to general public distribution, of any psychological test or
other assessment device, the value of which depends in whole or in
part on the naivete of the subject, in ways that might invalidate the
test or device.
   (r) Any conduct in the supervision of any registered intern,
associate clinical social worker, or trainee by any licensee that
violates this chapter or any rules or regulations adopted by the
board.
   (s) Performing or holding oneself out as being able to perform
professional services beyond the scope of one's competence, as
established by one's education, training, or experience. This
subdivision shall not be construed to expand the scope of the license
authorized by this chapter.
   (t) Permitting a trainee or registered intern under one's
supervision or control to perform, or permitting the trainee or
registered intern to hold himself or herself out as competent to
perform, professional services beyond the trainee's or registered
intern's level of education, training, or experience.
   (u) The violation of any statute or regulation governing the
gaining and supervision of experience required by this chapter.
   (v) Failure to keep records consistent with sound clinical
judgment, the standards of the profession, and the nature of the
services being rendered.
   (w) Failure to comply with the child abuse reporting requirements
of Section 11166 of the Penal Code.
   (x) Failure to comply with the elder and dependent adult abuse
reporting requirements of Section 15630 of the Welfare and
Institutions Code.
   (y) Willful violation of Chapter 1 (commencing with Section
123100) of Part 1 of Division 106 of the Health and Safety Code.
   (z) Failure to comply with Section 2290.5.
   (aa) (1) Engaging in an act described in Section 261, 286, 288a,
or 289 of the Penal Code with a minor or an act described in Section
288 or 288.5 of the Penal Code regardless of whether the act occurred
prior to or after the time the registration or license was issued by
the board. An act described in this subdivision occurring prior to
the effective date of this subdivision shall constitute
unprofessional conduct and shall subject the licensee to refusal,
suspension, or revocation of a license under this section.
   (2) The Legislature hereby finds and declares that protection of
the public, and in particular minors, from sexual misconduct by a
licensee is a compelling governmental interest, and that the ability
to suspend or revoke a license for sexual conduct with a minor
occurring prior to the effective date of this section is equally
important to protecting the public as is the ability to refuse a
license for sexual conduct with a minor occurring prior to the
effective date of this section.
   (ab) Engaging in any conduct that subverts or attempts to subvert
any licensing examination or the administration of an examination as
described in Section 123.

4982.05.  (a) Except as provided in subdivisions (b), (c), and (e),
any accusation filed against a licensee pursuant to Section 11503 of
the Government Code shall be filed within three years from the date
the board discovers the alleged act or omission that is the basis for
disciplinary action, or within seven years from the date the alleged
act or omission that is the basis for disciplinary action occurred,
whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitations set
forth in subdivision (a).
   (c) The limitation provided for by subdivision (a) shall be tolled
for the length of time required to obtain compliance when a report
required to be filed by the licensee or registrant with the board
pursuant to Article 11 (commencing with Section 800) of Chapter 1 is
not filed in a timely fashion.
   (d) If an alleged act or omission involves a minor, the seven-year
limitations period provided for by subdivision (a) and the 10-year
limitations period provided for by subdivision (e) shall be tolled
until the minor reaches the age of majority.
   (e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging sexual misconduct shall be
filed within three years after the board discovers the act or
omission alleged as the grounds for disciplinary action, or within 10
years after the act or omission alleged as the grounds for
disciplinary action occurs, whichever occurs first. This subdivision
shall apply to a complaint alleging sexual misconduct received by the
board on and after January 1, 2002.
   (f) The limitations period provided by subdivision (a) shall be
tolled during any period if material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation.
   (g) For purposes of this section, "discovers" means the later of
the occurrence of any of the following with respect to each act or
omission alleged as the basis for disciplinary action:
   (1) The date the board received a complaint or report describing
the act or omission.
   (2) The date, subsequent to the original complaint or report, on
which the board became aware of any additional acts or omissions
alleged as the basis for disciplinary action against the same
individual.
   (3) The date the board receives from the complainant a written
release of information pertaining to the complainant's diagnosis and
treatment.

4982.1.  The board may refuse to issue any registration or license
whenever it appears that an applicant may be unable to practice his
or her profession safely due to mental illness or chemical
dependency. The procedures set forth in Article 12.5 (commencing with
Section 820) of Chapter 1 shall apply to any denial of a license or
registration pursuant to this section.

4982.15.  (a) The board may place a license or registration on
probation under the following circumstances:
   (1) In lieu of, or in addition to, any order of the board
suspending or revoking the license or registration of any licensee or
intern.
   (2) Upon the issuance of a license to an individual who has been
guilty of unprofessional conduct, but who had otherwise completed all
education and training and experience required for licensure.
   (3) As a condition upon the reissuance or reinstatement of any
license that has been suspended or revoked by the board.
   (b) The board may adopt regulations establishing a monitoring
program to ensure compliance with any terms or conditions of
probation imposed by the board pursuant to subdivision (a). The cost
of probation or monitoring may be ordered to be paid by the licensee,
registrant, or applicant.
   (c) The board, in its discretion, may require any licensee or
registrant who has been placed on probation, or whose license or
registration has been suspended, to obtain additional professional
training, and to pass an examination upon completion of that
training, and to pay any necessary examination fee. The examination
may be written, oral, or a practical or clinical examination.

4982.2.  (a) A licensed marriage and family therapist, marriage and
family therapist intern, licensed clinical social worker, associate
clinical social worker, or licensed educational psychologist whose
license or registration has been revoked or suspended or who has been
placed on probation may petition the board for reinstatement or
modification of the penalty, including modification or termination of
probation, after a period not less than the following minimum
periods has elapsed from the effective date of the decision ordering
the disciplinary action, or if the order of the board, or any portion
of it, is stayed by the board itself, or by the superior court, from
the date the disciplinary action is actually implemented in its
entirety:
   (1) At least three years for reinstatement of a license or
registration that was revoked for unprofessional conduct, except that
the board may, in its sole discretion at the time of adoption,
specify in its order that a petition for reinstatement may be filed
after two years.
   (2) At least two years for early termination of any probation
period of three years, or more.
   (3) At least one year for modification of a condition, or
reinstatement of a license or registration revoked for mental or
physical illness, or termination of probation of less than three
years.
   (b) The petition may be heard by the board itself, or the board
may assign the petition to an administrative law judge pursuant to
Section 11512 of the Government Code. The board shall give notice to
the Attorney General of the filing of the petition. The petitioner
and the Attorney General shall be given timely notice by letter of
the time and place of the hearing on the petition, and an opportunity
to present both oral and documentary evidence and argument to the
board. The petitioner shall at all times have the burden of
production and proof to establish by clear and convincing evidence
that he or she is entitled to the relief sought in the petition. The
board, when it is hearing the petition itself, or an administrative
law judge sitting for the board, may consider all activities of the
petitioner since the disciplinary action was taken, the offense for
which the petitioner was disciplined, the petitioner's activities
during the time his or her license was in good standing, and the
petitioner's rehabilitative efforts, general reputation for truth,
and professional ability.
   (c) The hearing may be continued from time to time as the board or
the administrative law judge deems appropriate.
   (d) The board itself, or the administrative law judge if one is
designated by the board, shall hear the petition and shall prepare a
written decision setting forth the reasons supporting the decision.
In a decision granting a petition reinstating a license or modifying
a penalty, the board itself, or the administrative law judge may
impose any terms and conditions that the agency deems reasonably
appropriate, including those set forth in Sections 823 and 4982.15.
Where a petition is heard by an administrative law judge sitting
alone, the administrative law judge shall prepare a proposed decision
and submit it to the board.
   (e) The board may take action with respect to the proposed
decision and petition as it deems appropriate.
   (f) The petition shall be on a form provided by the board, and
shall state any facts and information as may be required by the board
including, but not limited to, proof of compliance with the terms
and conditions of the underlying disciplinary order.
   (g) The petitioner shall pay a fingerprinting fee and provide a
current set of his or her fingerprints to the board. The petitioner
shall execute a form authorizing release to the board or its
designee, of all information concerning the petitioner's current
physical and mental condition. Information provided to the board
pursuant to the release shall be confidential and shall not be
subject to discovery or subpoena in any other proceeding, and shall
not be admissible in any action, other than before the board, to
determine the petitioner's fitness to practice as required by Section
822.
   (h) The petition shall be verified by the petitioner, who shall
file an original and sufficient copies of the petition, together with
any supporting documents, for the members of the board, the
administrative law judge, and the Attorney General.
   (i) The board may delegate to its executive officer authority to
order investigation of the contents of the petition, but in no case,
may the hearing on the petition be delayed more than 180 days from
its filing without the consent of the petitioner.
   (j) The petitioner may request that the board schedule the hearing
on the petition for a board meeting at a specific city where the
board regularly meets.
   (k) No petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole, or the
petitioner is required to register pursuant to Section 290 of the
Penal Code. No petition shall be considered while there is an
accusation or petition to revoke probation pending against the
petitioner.
   (l) Except in those cases where the petitioner has been
disciplined for violation of Section 822, the board may in its
discretion deny without hearing or argument any petition that is
filed pursuant to this section within a period of two years from the
effective date of a prior decision following a hearing under this
section.

4982.25.  The board may deny any application, or may suspend or
revoke any license or registration issued under this chapter, for any
of the following:
   (a) Denial of licensure, revocation, suspension, restriction, or
any other disciplinary action imposed by another state or territory
or possession of the United States, or by any other governmental
agency, on a license, certificate, or registration to practice
marriage and family therapy, or any other healing art, shall
constitute unprofessional conduct. A certified copy of the
disciplinary action decision or judgment shall be conclusive evidence
of that action.
   (b) Revocation, suspension, or restriction by the board of a
license, certificate, or registration to practice as a clinical
social worker or educational psychologist shall also constitute
grounds for disciplinary action for unprofessional conduct against
the licensee or registrant under this chapter.

4982.26.  The board shall revoke any license issued under this
chapter upon a decision made in accordance with the procedures set
forth in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, that contains any
finding of fact that the licensee or registrant engaged in any act of
sexual contact, as defined in Section 729, when that act is with a
patient, or with a former patient when the relationship was
terminated primarily for the purpose of engaging in that act. The
revocation shall not be stayed by the administrative law judge or the
board.

4982.3.  The proceedings conducted under this article shall be held
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.